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Colonial and State Records of North Carolina
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Act of the North Carolina General Assembly concerning aid from the North Carolina Militia requested by the Continental Congress [as printed in the North-Carolina Gazette]
North Carolina. General Assembly
December 23, 1777
Volume 13, Pages 359-360

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North Carolina Gazette, January 23, 1778.

Trent, Jan. 5, 1778.

An Act to enable the Governor to send an aid from the militia to oppose the enemies of the United States, if the same shall be requested by Congress.

Whereas opposing the enemies of the United States by vigourous and powerful efforts, will greatly tend to bring the present war to a speedy and happy conclusion, and this State is at all times willing and desirous of assisting to the utmost of its power, in the common defence. Be it therefore enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, that it shall and may be lawful for the Governor or Commander in Chief, for the time being, upon the request of Congress, for that purpose made, to detach from the militia of this State, an aid not exceeding five thousand men, in manner following, that is to say, every regiment shall be required to furnish its proportion of the said aid according to the number it contains, and that the commanding officer of every regiment shall be, and he is hereby empowered, to offer a bounty of fifty dollars to every person who shall engage as a volunteer in the said service; and the deficiency, if any, shall be supplied by draughts agreeable to militia law; and every person draughted for the said service, shall be entitled to a bounty of twenty five dollars, and every such commanding Officer shall return as soon as may be, to the Governor or Commander in Chief for the time being, a roll of such persons as shall be detached from his regiment, distinguishing them into volunteers and draughted men, and every volunteer and draughted militia man shall be entitled to receive the bounty to them respectively given by this act as soon as they shall enter into the service or be draughted, and the Governor or Commander in Chief for the time being, is hereby authorized to draw on the treasury for such sums of money as may be necessary to defray the same. And be it enacted by the authority aforesaid, that the said aid shall march to such parts or places within the United States, as the Congress shall direct, and be and continue in service during the next campaign, not exceeding twelve months; and such aid shall be under the same rules and discipline, as the continental troops, after they shall have joined

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the army which they may be ordered to reinforce, and shall receive the same pay allowed the militia in the State.

Provided always that for any offence, every officer and soldier of the said reinforcements, shall be tried by Courts martial composed of their own officers and none other.

And be it also enacted by the authority aforesaid, that the Governor may march to conduct and command the said militia if it shall be adjudged by him, with the advice of the Council of State, consistent with the safety of this State, and of use to the public service.

And be it also enacted by the authority aforesaid, that in case the Governor of this State for the time being, shall by the virtue of this act march without the limits of the State, he shall have the rank of a Major General of militia from the passing of this act, and shall draw pay from the day when by virtue of this act he shall pass the limits of this State during the time he shall be on such service, and he is hereby empowered to call as many officers into service as he shall think the service absolutely requires, having respect to the regiments to which such officers belong, and complying to the rules prescribed by the militia law; and make every provision for the march of such troops and transportation of horses, baggage, provision and forage, as may tend to expedite the progress of the army, and consist with as much economy as the nature of the operations will admit of.

Provided, that no person shall be subjected to be draughted for compleating the aid aforesaid, who has been already draughted and in actual service in any division, battalion, company or detachment, for more than two months at any one time since the commencement of the present war, and all others shall, if a draught be necessary, be subject to an equal draught.

And be it also enacted by the authority aforesaid, that in case the Governor shall not find it expedient to march with the said aid, he shall appoint the commanding officer thereof a Major General, and such Major General shall have the pay and other appointments to such rank belonging in the continental army.